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3 servicemen who were demobilized ahead of time on the grounds of developing an illness during the military service demand a compensation for the damage to their health in the court

February 4, 2019

Activities | Legal Support | Legal Support | Project։ Stability of HCA Vanadzor in the light of democracy and human rights challenges in the Republic of Armenia 2019 | Right to Compensation for Material Damage | News

With the support of Helsinki Citizens’ Assembly Vanadzor, G. Gh., A. B. and V.H., who were demobilized ahead of time due to diseases they developed during the military service in 2017, applied to the court in order to demand from the Republic of Armenia compensation for the damage made to their health.  

 

G. Gh. and V. H. developed the diseases that served as a basis for demobilization ahead of time during their mandatory military service, and A.B. developed the disease during the military service on contractual basis.

 

V.H. was conscripted to the armed forces of the RA on January 29, 2015. He underwent an expertise by Central Medical Commission by the RA MoD 410-N order 7g article (light and short-term mental disorder) and was recognized fit for military service with limitation. 8 months after the conscription, on September 15, 2015, by the decision of RA MoD central military medical commission, he was recognized unfit for military service by the diagnosis “organic asthenic disorder disadaptational decompensation moderately expressed with self-injuries” and was demobilized ahead of time. 

 

G. Gh. was conscripted being recognized fit for limited military service with eyesight problems. In 2015, after undergoing an expertise under RA MoD 410-N order 86d article and being conscripted, next year, on January 27, 2016, he also underwent an expertise by 31b and 20g articles and was recognized unfit for military service.

 

After 12 years (2005-2017) of military service, contractual serviceman A. B. was recognized unfit for military service by the decision of central military medical commission dated May 24, 2017, under RA MoD 410-N order 46a article (malignant neoplasms) and was  withdrawn from military registration.

 

In all three cases, in the grounds for demobilization, it was mentioned that the disease developed during the military service.

 

Their representative, HCA Vanadzor lawyer Syuzanna Soghomonyan, claimed in the application submitted to the court that the RA, in the face of RA Ministry of Finance, provide compensation for the damage made to health under Articles 1077 and 1078 of the Civil Code of the Republic of Armenia.

 

By the petition of the RA Ministry of Finance, the RA Ministry of Defence was involved in the case as relevant. The respondents objected to the claims presented. In case of V.H. and G. Gh., who were demobilized ahead of time from the mandatory military service, the respondents expressed an opinion that it is obligatory that the diseases be developed during the implementation of duties related to military service, which, according to them, is not proven and therefore the claims should not be upheld. Despite the fact that there are no expertise conclusions yet and it is early to consider the cause and effect link with the military service not proven.  

 

With regard to the case of the case of former contractual serviceman A. B., besides the aforementioned, the respondents brought forth the condition that A.B. worked by working schedule and it is arguable whether the disease developed during the military service or not.

 

HCA Vanadzor lawyer S. Soghomonyan has already made a petition in all these cases for appointing forensic expertise.  

 

On June 26, 2018, Shirak region General Jurisdiction Court upheld the petition to appoint expertise in the case of G. Gh. and stayed the proceedings of the case until the receipt of expertise conclusion.

 

The petitions to appoint forensic expertise for V. H. and A.B. are in the discussion stage in Lori region General Jurisdiction Court.

 

 

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